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2023 SESSION

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23103985D
HOUSE BILL NO. 2133 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend and reenact § 9.1-206 of the Code of Virginia, relating to State Fire Marshal; authority. ---------- Patron-- Wilt ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That § 9.1-206 of the Code of Virginia is amended and reenacted as follows:

§ 9.1-206. State Fire Marshal; qualifications; powers and duties; power to arrest, to procure and serve warrants, and to issue summonses; limitation on authority.

The Executive Director of Fire Programs shall employ a State Fire Marshal and other personnel necessary to carry out the provisions of the Statewide Fire Prevention Code (§ 27-94 et seq.). The State Fire Marshal and other personnel employed pursuant to this section shall be selected upon the basis of education or experience in administering laws and regulations designed to prevent and eliminate hazards to life and property arising from fire.

The State Fire Marshal shall have the powers and duties prescribed by the Statewide Fire Prevention Code (§ 27-94 et seq.), by § 27-61, by Board regulation, and by the Director. The State Fire Marshal and those persons duly authorized to enforce the Statewide Fire Prevention Code shall have the authority to arrest, to procure and serve warrants of arrests, and to issue summonses in the manner authorized by general law for violation of the Statewide Fire Prevention Code. The authority granted in this section shall not be construed to authorize the State Fire Marshal to wear or carry firearms. All personnel employed pursuant to this section shall meet the training requirements set forth for local fire marshals in § 27-34.2. The State Fire Marshal, or his designee, shall be the authority having jurisdiction over state-owned buildings, property, or structures for purposes of fire safety and fire prevention in accordance with Chapter 9 (§ 27-94 et seq.) of Title 27.